Revolutionary War Pension and Bounty Land Warrant Application File S. 38716, Humphrey Garland, N.C.

REPRODUCE
NUMBER
no
Garland, Humphrey
S.38716
CONTENTS
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Ambrey Garland, Tenn.
abt 1818. T. Lumpkin
Mar 12/57

19976 East Tennessee
Humphrey Garland
of Butler County in the State of Tennessee who was a Private in the Company commanded by Captain Taylor of the Regiment commanded by Colonel Gatto in the N. Carolina line, for the term of two & half years from 1775 to 1778
Inscribed on the Roll of East Tennessee at the rate of Eight Dollars per month, to commence on the 11 th day of August 1828
Certificate of Pension issued the 17 th of September 1828 and sent to the Hon. John Blair , Jonesborough Tennessee
Arrears to 4th of Sept 1828 . $ 6 - 47 Semi-ann. all'ce ending 4 March 1829 , $ 18 - $ 54 - 47
{ Revolutionary Claim, Acts March, 18, 1818, and May 1, 1820. }
Recorded Vol. 9. Book 6. Page - 115 B. B. Beale

38 716
Very INVALID.
File No. 38 716
Humphrey Garland Dr. Geo. Har
Act: 18 th March 18 th
Index:—Vol. 3 , Page 186
[Arrangement of 1870.]

ms 31. Dec 1827) 20467
W Humphrey Garland
The Certificate of Will Hill, Esq. Secy of State of North Carolina, respecting Service of Humphrey Garland

State of North Carolina
Secretary of State's Office.
I William Hill Secretary of State in and for the State aforesaid, do hereby certify that it appears from the musterrolls of the Continental line of this State, that Humphrey Garland a private in Capt. Taylors Company enlisted for two and a half years in the 6 th Regiment, and was "omitted Jan y 1778."
A Warrant issued to Humphrey Garland a private soldier of the Revolution for the quantity of land allowed by this State for two and a half years services, which issued on the Certificate of an Officer in the year 1784.
Given under my hand this 25 th Dec r 1827.
W. Hill

H. Garland, amended decl n

ORIGINAL CLAIM.
Declaration, in order to be placed on the Pension List, under the Act of the 18th March, 1818.
County of Carter ss.
On this 11th day of August 1828, personally appeared in open court, (a) [being a court of record (b) for the district, circuit, county, or corporation, as the case may be,] Humphrey Garland resident in said county, aged seventy nine years, who, being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the acts of Congress of the 18th March, 1818, and the 1st of May, 1820; that he the said H. Garland enlisted (c) for the term of two & half years on the 17th of Decr 1775 in the State of North Carolina in the company (d) commanded by captain James Taylor in the regiment commanded by colonel Lillie & Lamb in the line of the State of North Carolina on the continental establishment; that he continued to serve in the said corps (or vessel) until the expiration of his term — when he was discharged from the service in Gamden in the State of North Carolina ; that he hereby relinquishes every claim whatever to a pension, except the present; that his name is not on the roll of any State, except North Carolina ; and that the following are the reasons for not making earlier application for a pension: (e) and that he resided in an obscure & remote part of the country, where it was out of his power to obtain the necessary aid in order to prepare his claim — — — — —
And, in pursuance of the act of the 1st May, 1820, I do solemnly swear, (or affirm, as the case may be,) that I was a resident citizen of the United States on the 18th day of March, 1818, and that I have not, since that time, by gift, sale, or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income, other than what is contained in the schedule hereto annexed, and by me subscribed. (f) That, since the 18th of March, 1818, the following changes have been made in my property. (g) and that I have nothing no changes — nor had I to render in a schedule .
Sworn to, and declared, on the 11th day of August  in open court (h) 1828 I George William Clerk of Humphrey Garland do hereby certify, that it appears, to the satisfaction of the Court, that the said Humphrey Garland did serve in the Revolutionary War, as stated in the preceding declaration, against the common enemy, for the term of nine months, under one engagement, on the continental establishment. I also certify, that the foregoing oath, (or affirmation,) and the schedule thereto annexed, are truly copied from the records of the said Court; and I do further certify, that it is the opinion of the said Court, that the total amount in value of the property exhibited in the foreaid schedule is applicant possess  no property .
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, on this 11th day of August 1828
Clerk of the Court of the County Court of Carter Geo. William Clerk

ORIGINAL CLAIM.
District of Washington ss. Carter County
On this fifteenth day of May 1827, personally appeared, in open court, (a) [being a court of record (b) for the district, circuit, county, or corporation, as the case may be,] Humphrey Garland aged 79
years, resident in the County of Carters who, being first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the acts of Congress, of the 18th March, 1818, and the 1st May, 1820, that he, the said Garland enlisted, (c) for the term of two & half years on the 15th day of May in the year in the state of North Carolina in the company (d) commanded by captain James Taylor in the regiment commanded by colonels Little & Lamb of the 6th Regt in the line of the state of North Carolina on the continental establishment; that he continued to serve in the said corps until the expiration of his term when he was discharged from the said service, in Camden
in the state of (e) North Carolina by Col Lamb , that he kept his discharge for some time until he sold his land to a certain Thomas Talbot & that his discharge in his hands in order to obtain a land warrant not now to be drawn, that he is a farmer by occupation, has no wife or family living with him and is wholly destitute of property of any kind & is indigent for subsistence. That he was in the battles of Brandywine and that he has no other evidence, now in his power, of his said services, except
his own oath & the same will be verified by the rolls of the N Carolina line, that he served two & half years in succession, time of enlistment not recollecting.
And, in pursuance of the act of the 1st May, 1820, I do solemnly swear or affirm, (as the case may be,) that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary war," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed. (f)
Test  Geo Williams  Humphrey Garland
Sworn to, and declared, on the 15th day of May before the Justices of the Court of Pleas & Quarter Sessions for Carters County
I, George Williams clerk of said Court hereby certify, that the foregoing oath (or affirmation) and the schedule thereto annexed, are truly copied from the records of the said court; I also certify that the Justices were satisfied that the claimant served for the term of nine months, under one engagement, on the continental establishment; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is nothing dollars and nothing cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this 15th day of May 1827
Geo Williams Clerk of the Court of the county of Carters

No. 20.467.
for Humphrey Garland
Pension claim
Hen. J. Blair H. R.
dep. Dec. 10. 1827

(a) The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.
(b) All are courts of record, within the contemplation of the act of Congress,
1st. Which are expressly made courts of record by the laws of the state which create them;
2d. Which have been solemnly adjudged, by the tribunals of the several states, to be courts of record;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings;
4th. Which have the power of fine and imprisonment;
And courts which proceed according to the course of the civil and canon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal. The court should, in every instance, state on the face of the proceedings, that it is a court of record, and state why it is such.— [Opinion of the Attorney General of the U. S.]
(c) If the claimant was an officer, he must here state what rank he held, and insert the word "entered" in lieu of "enlisted."
(d) If the claimant served in the Navy, he must here insert the name of the ship or vessel in which he sailed, and give the name of the captain or commander.
(e) If the declarant shall have served under more engagements than one, he should set forth the company, regiment, and line, or ship, vessel, or corps, in which he may have served, as, also, the time of entering, and the time and manner of leaving each service.
(f) Here enumerate each article of real and personal estate, necessary clothing and bedding excepted, and subscribe the same. The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the Department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to the pension. It is the opinion of the Attorney General, that the words of the 3d section of the act of the 1st of May, 1820, "in such indigent circumstances as to be unable to support himself without the assistance of his country," comprehend those only who are incapable of supporting themselves without the aid of the Government, except by private or public charity.